WILSON v. APFEL

No. 1:98CV00108.

81 F.Supp.2d 649 (2000)

Richie R. WILSON, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

January 21, 2000.


Attorney(s) appearing for the Case

Charles Cooper Geraty, III, Geraty, MacQueen & Vitt, Charlottesville, VA, for Plaintiff.

Julie C. Dudley, U.S. Attorney's Office, Roanoke, VA, for Defendant.


OPINION

JONES, District Judge.

In this social security case, the issue is whether the amount allocated in the plaintiff's workers' compensation settlement for future rehabilitation services should be offset from his social security disability award. Based on the facts of this case, I hold that such an offset is not justified. Accordingly, I grant the plaintiff's objections to the magistrate judge's report and reverse the decision of the Commissioner.

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